The meeting began with the Pledge of Allegiance and an affirmation of the Open Public Meetings Act requirements.� A motion was made by Mr. Lepore, 2^nd by Mr. Schultz to approve payment of the recording secretary and attorney fees, and to accept the minutes of August 26, 2004.� All in favor.� Present:� Mr. Beninati, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. Lepore, Mr. Candarella, Mr. Deluca, Jr., and Mr. Russo.� Absent:� Mr. Michitsch, Mr. David, Mr. Peters, Mr. Soos, Mr. Clementi, and Mr. Laudati.

Mr. Johnstone is replacing Mr. Lane this month as Planning Board Attorney.

Communications:� Mr. Beninati read a letter regarding the Zoning Violation from

Mr. Paul Reis, who requested an appeal to the Planning Board.

Resolutions:� Application #07-04, for Kinder/Mahon, 633 Clinton Avenue, Block 122, Lot 18, for a variance on front steps and entryway.� All in favor:� Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Deluca, Jr., and Mr. Russo.� Resolution Approved.

Application #04-03, Scourzo Group, RE: 626-630 Kingston Avenue, Block 120, Lots 13 & 14, for a Minor Sub Division.� All in favor:� Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Candarella, Mr. Deluca, Jr. , and Mr. Russo.� Resolution Approved.

New Business:� Application #12-04, for Malesz, 129 Park Drive, Block 92, Lot 23, for a side yard variance on an Addition.� Sworn in: Ms. Malesz, 129 Park Drive, stated she wants to build a 2^nd floor with a pre-existing 3 or 4� side yard shortage.� A motion to accept this application for resolution was made by Mr. Schultz, 2^nd by Mr. Lepore.� All in favor:� Mr. Beninati, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. Lepore, Mr. Candarella, Mr. Deluca, Jr., and Mr. Russo.� Approved for Resolution.

Ms. Malesz must put a notice in the local paper of the Board Approval.

Application # 08-04, Dotro & Miceli.� Since the Applicant was not present, this is deferred to the end of the meeting.

Other Business: Sworn in: Mr. Paul Reis, 27 South 17^th Street, is appealing a Zoning decision regarding tables and chairs at his new Deli, located at 17 North 20^th Street.

Mr. Reis stated: On the application for the Zoning Approval to establish his business, he listed, on a separate sheet of paper, the deli and grill, with tables.� Prior to his Deli, and ice cream parlor, with tables and chairs (inside as well as outside) was on the premises. One week after opening, a complaint was made by an anonymous person, and the

Building Inspector told Paul to remove the tables and chairs.� Mr. Reis requested three tables and six chairs be permitted in his Deli.

�Mr. Reis said his approval was for two tables, and initially, he was going to put in two larger tables with four chairs each table.� He has two parking spaces for customers; the employees walk to the Deli. There should be one parking space for every three seats.

The violation notice was sent because there were too many chairs; however, Mr. Reis agreed to limit the seating to six chairs.� Mr. Johnstone, attorney, suggested the Building Inspector re-inspect and confirm that only six chairs are present to comply with the zoning law, and if there is no other violation.� It was suggested that the Zoning Enforcement Officer or the Building Inspector be present at Planning Board meetings for future requests of a similar nature.� However, Mr. Beninati will inform Mr. Malanda of the Board decision.�

New Business:� Application #08-04, Dotro & Miceli, RE: 215 N. 8^th Street, Block 24.01, Lot 4, for a Variance to convert a commercial building, (having a second floor apartment) into a two-family residence.� Mr. Johnstone stated this application needs a minimum of five members voting in favor to be approved.� Seven eligible voters are present.� Sworn in:� Silvana Dotro, 61 S. 18^th Street and Ignacio Miceli, 357 Lincoln Drive.� Ms. Dotro wants to make one large apartment of the first floor and another large apartment on the second floor.� Mr. Vitale wanted to know why the commercial area is considered a hardship to maintain.� Ms. Dotro said she cannot rent this area, and the taxes are a burden.� On the application, the Zoning Official states this is an R-3 zone.� In a letter from the Zoning Official, a four family residence was denied at this site.� If this is a pre-existing, non-conforming use, the question is if the building can be entirely residential.� The application and drawings for the building is incomplete, and Mr. Johnstone suggested the Building Inspector appear at the next hearing, or comment in written form, regarding the reason for denial.� A suggestion to continue this hearing until October 28 was made (unless Ms. Dotro requests another continuance).� A motion to approve the continuance was made by Mr. Schultz, 2^nd by Mr. Deluca, Jr.� All in favor.�

A comment was made that (if approved at a future meeting), the number of residents cannot exceed two families.

Application #280-A, V & R Associates, Mr. Paparatto, RE: 748 Lexington Avenue,

Block� 161, Lots 5,6, and 11.02, for Variances and a Sub-division.� This application needs a majority vote.� Mr. A. Markson, Attorney for Mr. Paparatto, stated the property is vacant.� The total space is 7,500 square feet, having 200 ft. office space and 7,300 square feet of warehouse.� Sworn in:� Mr. Vincent Paparatto, 295 North Michigan Avenue, and Mr. Ed Deck, Engineer.� .� A rental agreement was given as �Exhibit A�.��

Mr. Schultz raised the question of sufficient parking spaces. There is a proposed 15.5 feet (12 spaces plus four in the back) of paved parking area on the property, located on the west side of the building.� There is a proposed curb parking area.� The one story masonry building will have an entrance on Lexington Avenue, with a loading dock on the west side, and a service door at the rear.� Water overflow will be connected to the existing storm sewer system.� Mr. Markson asked Mr. Dek if he reviewed Mr. Tangos� report of September 22, 2004.

�Mr. Dek�s comments on Mr. Tangos� report, regarding three variances, are as follows: the calculations of impervious area could be changed to comply with zone laws, if the four rear parking spaces are removed.� A parking variance would be necessary if these spaces are removed. As far as the location of the loading dock on the westerly side of the building, trucks would �back into� Lexington Avenue to be able to maneuver docking.� The applicant is willing to meet the lighting requirements.� The required handicapped space would be moved further away from the front of the building.� Concerning the drainage, if the underground retention system would fill, the excess water would not go beyond the limits of the parking lot.� The applicant will comply with the recommendations of roof leaders and with moving the discharge pipe to be connected further west. These changes will put the property into a flood hazard area.� The applicant must apply to NJEP for a fill permit to meet elevation requirements.� Landscaping will possibly be a fence along the rear.� Mr. Beninati stated the town would like to eliminate front parking within the front setback.� This would mean a variance in the total number of parking stalls.� Four variances are needed related to parking.� Mr. Schultz said a 57� trailer in a 50� space, plus the additional footage of the cab, will result in blockage of the street when loading and unloading.� Mr. Markson suggested a 5� setback instead of the required 10� setback to allow for additional trucking area.� He believes 9 or 10 parking spaces should be sufficient.� Mr. Beninati said the variances, and additional escrow, were not given. Mr. Tango said parking and open space variances are required.� The Board Attorney suggested the Applicant return before the Planning Board with plans that show the changes that also include the suggestions of the Board Engineer.� A vote could only be taken on this night, if the application would be accepted without these changes.� Therefore, the decision could be carried to the next meeting.� Mr. Tango said the Board should consider the necessity of� trucks �backing down� the street.� The suggested front yard greenery will further cut back on the required parking spaces.� If the Board is willing to compromise, the applicant must be given some direction to the required changes in the application.��� Mr. Markson said if there is no �middle ground� for agreement, his client will withdraw this application.� It is suggested that the engineers should meet with the Mr. Markson and a Board Sub-committee to make decisions.� Mr. Schultz, Mr. Russo, Mr. Beninati, and Mr. Candarella agreed to form this sub-committee (two members and two alternates).� Mr. Schultz said there should be a �staying area� for two or more trailers waiting to unload.�

Sworn in:� Ron Joseph, 2 Hale Court, Basking Ridge, owns the building to the right of the proposed building.� Because his building is on the property line of the applicants, he is concerned with a clear emergency exit from his building.� It was suggested the two property owners meet on this issue and come to an agreement before the next session.

�It is agreed this application be carried until October 28, 2004.

�Mr. Tango said there is a possibility that the Special Meeting for the Neri application may be cancelled on October 7, 2004.� Some �site contamination� issues (approved by the DEP) might be impacted by the proposed development.� Mr. Neri does not, at this time, have that information.� If this meeting is postponed, Mr. Beninati will inform the Board members.

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At 9:30 p.m. motion to adjourn was made by Mr. Schultz, 2^nd by Mr. Lepore.� All in favor.

Respectfully submitted,

Janet M. Murphy,

�Planning Board Recording Secretary